[Centres] Questions for the AGM

Mon Jul 20 18:18:47 AEST 2020

Dear Committee Members,

Thank you for your advice and comments regarding the 2020 AGM via teleconference. As this is a first for all involved, I value your suggestions and I’m sure the Board will address your concerns.

The Board is meeting this week to “iron out” as many teething issues as possible, so your email has been received with gratitude.
A full and comprehensive procedure will be distributed, to ensure transparency , within the next few days .

Kind regards ,
Jan Pike 
Hon Director/Executive Officer 
Riding for the Disabled Association (NSW)
 0416525192

> On 20 Jul 2020, at 2:55 pm, RDA NSW Tall Timbers Centre <talltimbers at rdansw.org.au> wrote:
> 
> 
> Dear Executive Officer,
>  
> RDA NSW Tall Timbers Centre writes to you as the Executive Officer of the Company in response to your email below dated 12 July 2020 and titled “Questions for the AGM”
> To ensure full transparency with regard to this important matter of the Annual General Meeting, we are including all Member Centres, all Life Members, and all Regional Representatives in our response.
>  
> The Tall Timbers Committee communicated to the Board via email on 18/5/20, expectations regarding the facilitation and format of the AGM, and we drew the Board’s attention to the requirements of the Corporations Act 2001, Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 and the guidelines issued by ASIC for virtual AGM meetings.
>  
> https://www.legislation.gov.au/Details/F2020L00553
> https://asic.gov.au/about-asic/news-centre/news-items/asic-guidelines-for-investor-meetings-using-virtual-technology/
>  
> The ASIC guidelines set out ASIC’s views on the most appropriate approach to conducting hybrid and virtual meetings as well as the legal requirements under the Determination (No. 1) 2020. They apply to public company AGMs and any other meeting of company or scheme members.
>  
> Members at a hybrid or virtual meeting should be given an opportunity to participate in the meeting that is equivalent to the one they would have had if attending in person.
>  
> Members should be given a reasonable opportunity to ask questions live during the course of the meeting regardless of whether they are participating in person or virtually. This ensures they are able to comment on, and raise questions in response to, presentations, debate and other matters arising at the meeting. At AGMs, a similar opportunity should be extended for questions about, or comments on, the management of the company and (where applicable) the remuneration report, as well as questions to the auditor (see sections 250S, 250SA and 250T of the Corporations Act).
>  
> The RDA NSW Tall Timbers Centre Committee is therefore surprised and concerned to read the following statement in your email dated 12/7/20. “As this meeting is via teleconference it will be difficult to take questions from the floor due to the physical restrictions of the situation. Questions entered into the chat room during the Meeting will be taken on notice if clarification is necessary and a response forwarded as soon as possible following the AGM.”
>  
> The ASIC guidelines do not refer to lodging questions ahead of the AGM, they clearly refer to “live” questions and “live” voting and that the technology/technologies selected by the entity/company must ensure that members can participate in the meeting and effectively interact with the Board.
> Taking live questions from the floor is a clear requirement that the Board is obliged to provide. The Board are also obliged to select virtual technology which provides the opportunity for reasonable participation by members. This would include:
> Live audio and video so that all members can follow the meeting in it’s entirety without interruption
> Live audio and video for members questions – and a subsequent live response from the Board
> Live audio and video for members to discuss, debate and then vote on any resolutions that are raised during the meeting
> Live audio and video for members to comment on, and raise questions in response to, presentations, debate and other matters arising at the meeting
>  
> We trust that the selection of virtual technology by the Board and the facilitation of the meeting by the Board and more specifically the Chairperson, will meet the requirements above.
>  
> We are seeking clarity from the Board that the technology used throughout the meeting, will provide an effective 2-way communication and not just a chat room whereby members lodge questions and the Board does not provide a live response but rather responds at a later date, outside of the AGM meeting.
>  
> Kind Regards,
>  
> RDA NSW Tall Timbers Centre Committee
> 
> Riding for the Disabled Assoc NSW Tall Timbers Centre
> 125 Old Pitt Town Road  Box Hill  NSW  2765
> Phone:  9679 1246   Fax:  9679 0638
> ABN   22 977 966 930
> talltimbers at rdansw.org.au
> www.talltimbers.rdansw.org.au
> www.facebook.com/RDATallTimbers
>  
> From: Centres <centres-bounces at rdansw.org.au> On Behalf Of jan pike
> Sent: Sunday, 12 July 2020 6:23 PM
> To: <communication at rdansw.org.au> <communication at rdansw.org.au>
> Subject: [Centres] Questions for the AGM
>  
>  
> 
> Hi Everyone,
>  
> As per normal practice the Board requests that any questions pertaining to the Financial Reports or any questions of a more general nature be sent to State Office as soon as possible or at the latest 5 days prior to the AGM (20/7) to ensure adequate time for the Board to respond.
>  
> As this meeting is via teleconference it will be difficult to take questions “from the floor” due to the physical restrictions of the situation. Questions entered into the chat room during the Meeting will be taken on notice if clarification is necessary and a response forwarded as soon as possible following the AGM.
> 
> 
> Kind regards,
> Jan Pike 
> Hon Director/Executive Officer 
> Riding for the Disabled Association (NSW)
>  0416525192
> 
>  
>  
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